Prof. Alison Siegler and Jaden Lessnick Guest-Blogging About Federal Pretrial Detention

I'm delighted to report that Alison Siegler (@SieglerAlison)—Clinical Professor of Law, the Founding Director of the University of Chicago Law School's Federal Criminal Justice Clinic (FCJC), and the lead author of Freedom Denied: How the Culture of Detention Created a Federal Jailing Crisis (2022)—and one of her coauthors, Jaden Lessnick, will be guest-blogging this week about their report. An excerpt from the report:

Over thirty years ago, the Supreme Court held that people charged with federal crimes should only rarely be locked in jail while awaiting trial: "In our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception." Given that everyone charged with a crime is presumed innocent under the law, federal judges should endeavor to uphold the Court's commitment to pretrial liberty.

This Report reveals a fractured and freewheeling federal pretrial detention system that has strayed far from the norm of pretrial liberty. This Report is the first broad national investigation of federal pretrial detention, an often overlooked, yet highly consequential, stage of the federal criminal process. Our Clinic undertook an in-depth study of federal bond practices, in which courtwatchers gathered data from hundreds of pretrial hearings. Based on our empirical courtwatching data and interviews with nearly 50 stakeholders, we conclude that a "culture of detention" pervades the federal courts, with habit and courtroom custom overriding the written law.

As one federal judge told us, "nobody's … looking at what's happening [in these pretrial hearings], where the Constitution is playing out day to day for people." Our Report aims to identify why the federal system has abandoned the norm of liberty, to illuminate the resulting federal jailing crisis, and to address how the federal judiciary can rectify that crisis….

I much look forward to their posts.

Comments

[Mr. Bumble]

This should be interesting.

[Jerry B.]

Only insurrectionists should be denied bail and held until trial. Bad food and quarters and constant threats of decades in prison if a plea deal is not accepted should also be applied to them.

[Dr. Ed 2]

"Over thirty years ago, the Supreme Court held that people charged with federal crimes should only rarely be locked in jail while awaiting trial"

And yet all of the Jan 6th protesters have been held without bail for over a year now. How does that fit into the SCOTUS ruling?

[Noscitur a sociis]

As should be obvious from the fact that Dr. Ed said it, not all of the January 6th protesters have been held without bail, and of course many who were so detained have also been convicted and sentenced.

[David Nieporent]

And yet all of the Jan 6th protesters have been held without bail for over a year now.

No protesters, and only a tiny number of Jan 6th insurrectionists, have been held without bail. Why do you lie like this?

[Randal]

Sounds like Dr. Ed's going to be voting for Kamala next year!!

[Mr. Bumble]

"Over thirty years ago, the Supreme Court held that people charged with federal crimes should only rarely be locked in jail while awaiting trial: "In our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception." Given that everyone charged with a crime is presumed innocent under the law, federal judges should endeavor to uphold the Court's commitment to pretrial liberty."

So do you agree with that statement or not? Some of your previous post seem to indicate that you are OK with pretrial detention for Jan. 6 defendants.

[Currentsitguy]

I think there's a nugget of truth there. I'd love to see the stats on how likely someone who is in pretrial detention compared to someone out on bail is likely to plea bargain.

I suspect those who are already locked up are more likely to cut a deal and thus the higher incarceration rates.

[Jerry B.]

I’ll forgive you for making stupid, incorrect, and uninformed assumptions about other people, since there’s obviously something wrong with you.

See how that works?

[Mr. Bumble]

"As usual you’re making up something or misremembering..."
I've never been in favor of it . The scale of the Jan. 6 detentions is what brought it to the fore.
The practice is wrong and is probably why the Feds have such a high conviction rate because of the number of people who accept a plea agreement to try to move forward.

[Mr. Bumble]

...but as you said this has been ongoing for thirty years with both Dem and Rep administrations and Congresses.

[David Nieporent]

It has. But some Democrats have at least tried to do something about it in recent years, and have been demagogued by so-called "law and order" types. Bail reform keeps getting demonized. (Remember the attacks on Kamala Harris as being pro-criminal merely for suggesting that people donate to bail funds?)

[Randal]

I see how you're proving The Queen correct.